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Written correspondence from counsel to the court.
Judge Arbuckle accepts written correspondence including email to
communicate procedural information.
Preference for the use of telephone conferences rather than
in-person conferences for any category of conferences scheduled in
connection with a case.
Judge Arbuckle
conducts case management conferences and status conferences by telephone. He
conducts settlement conferences and pre-trial conferences in person.
Preference regarding pro hac vice admissions.
Judge Arbuckle requires use of the special admission form available from the
Clerk of Court or on the court’s
web site.
Courtesy copies of motions, briefs, and other writings for
chambers.
Judge Arbuckle does not want courtesy copies of any CM/ECF filings unless
specifically requested.
Federal Rule 26 and M.D. Pa. Local Rule 26.1 et seq. (Including
your approach to initial disclosures, discovery prior to the Rule 16
conference) and preferences as to the matters encompassed within those
Rules.
Judge Arbuckle expects Counsel to make all reasonable efforts to resolve
discovery disputes. Counsel are instructed at the case management conference
to initiate a conference with Judge Arbuckle before any discovery motion is
filed. Judge Arbuckle will attempt to resolve the dispute without the
necessity of a motion. The request for a conference should be made to the
judge’s legal assistant. A brief description of the nature of the dispute
should be provided without any discussion of the merits of the positions of
the parties.
The extent to which counsel may influence the length of the
discovery period, extensions, trial dates, etc.
Judge Arbuckle gives great weight to counsel in these matters as long as
they are acting reasonably and in good faith.
The average amount of time allowed for discovery in a standard
track case and the extent to which the standard amount of time is varied.
Judge Arbuckle adheres to the six-month discovery period for standard cases
set forth in the local rules unless extraordinary circumstances arise and a
timely motion is brought.
Handling of confidentiality agreements, particularly in light of
the Third Circuit’s recent opinions on the prerequisites for imposing
confidentiality agreements.
Judge Arbuckle has not had the occasion to deal with confidentiality
agreements and has not developed any preferences.
Preferences regarding requests for additional pages in excess of
the page limitations set forth in Middle District Local Rule 7.8.
Judge Arbuckle
requires all such requests be made by a written motion.
Procedure for scheduling trials, including whether a date certain
for trial is assigned; if so, the amount of time prior to trial that such a
date certain is assigned; and the extent to which it may be moved during the
month in which it has been scheduled.
Judge Arbuckle schedules trials for a date certain as early as possible,
normally at the initial Case Management Conference. Trial dates are only
changed in the 30 day period before trial in extraordinary circumstances.
Trial briefs submitted by counsel.
Judge Arbuckle requires submission of trial briefs as required by local rule
39.7, and prefers they be filed prior to the Final Pretrial Conference.
Counsel participation in voir dire.
Judge Arbuckle generally allows counsel to conduct voir dire in civil
cases. In criminal cases, he conducts initial voir dire and allows counsel
to supplement.
Whether more than one attorney may handle trial for a party.
Judge Arbuckle allows more than one attorney to handle a case for a party
but expects only one attorney for each witness and for opening and closing
statements.
Pre-marking of documentary and photographic exhibits and other
demonstrative evidence for trial and the date upon which exchange of
exhibits is to take place, if any.
Judge Arbuckle requires pre-marking and exchange of exhibits at the
pre-trial conference of the attorneys pursuant to LR16.3. Each page of each
documentary exhibit should be separately marked.
Practice for the receipt of proposed jury instructions, including
the form of jury instruction,
and any divergence from the number of jury instructions permitted by the
Middle District local rules.
Judge Arbuckle encourages submission of proposed jury instructions as early
as possible, but no later than as set forth in local rule 51.1. The local
rule limit of 12 proposed jury instructions should be followed unless raised
well in advance of trial.
Written verdict forms (in the form of interrogatory questions) to
the jury.
Judge Arbuckle encourages an agreed upon special verdict slip, jointly
prepared by counsel.
General approach to settlement and non-jury cases and use of
magistrate judges.
Judge Arbuckle pursues settlement thoroughly in jury cases, but refers all
non-jury settlement discussion to another judge.
General approach to
settlement and non-jury cases and use of magistrate judges.
Judge Arbuckle pursues settlement thoroughly in jury cases, but refers all
non-jury settlement discussion to another judge. |
